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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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Need to kick out an unwanted dweller and would like to know

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Need to kick out an unwanted dweller and would like to know if I'm in my rights to do it
JA: What state are you in? It matters because laws vary by location.
Customer: WA, I just talked to you a minute ago, I had to move from my phone to the computer, because I can type faster
JA: Has anything been filed or reported?
Customer: Nothing filed, but police showed up once
JA: Anything else you want the lawyer to know before I connect you?
Customer: The above is my main question, there are a lot of details

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Can you provide some background and facts to put this question in context?

Customer: replied 6 months ago.
Hi Dwayne,I have a 22-year old son (with some deep emotional issues). He lives separately from us, in Olympia WA. I rented an apartment for him (the rental agreement is in my name only) and let him live there. After a while I asked my son to start pitching in for monthly rent payments and he agreed. In attempt to save money, he found a roommate - and let him in, without asking for a background check, or indeed without even notifying the leasing office.After a month, it turned out that the guy is a felon on parole. His parole officer visited and suggested he is not allowed to live there. It got out to the leasing office and together with the office manager and my son they asked him to leave. At this time, he refused and called the police, insisting that he "has rights". The police arrived and said the moment my son received a rent payment from the guy and handed him the keys, he became a tenant, and we no longer can kick him out.Since then, my son's life has been hell. The leasing office found themselves in a position where they would like him out, but don't want to deal with it. The rent was paid through the end of December and the guy promised to leave today. This morning he said that his new place "fell through" and he will stay as long as he wants to, essentially (now without even paying).I am a little perplexed by this Kafkian situation, but I would like to be in compliance with the law. What can I do?

While you can't just "kick him out" you can evict him using the court system for the eviction. You can either hire a lawyer to do it and get a judgment for the attorney's fees as well, potentially, or you can do it yourself. Evictions aren't terribly difficult you just have to follow the rules very carefully.

I ran a Google search for you and it returned a number of different "hits" that explain everything you need to know about evicting someone. That search can be found at this website address, just cut and paste it into your browser's address bar:

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=washington%20eviction%20procedures

The big issue is that if he doesn't have a written lease agreement then his rental is on a month to month basis which means, so long as he isn't breaking the rules or doing any damages, you have to give him at least thirty days notice. Even if you decide to do the eviction yourself you may want to hire a lawyer to do the initial notice letter and have them put in it language anout him leaving peaceably or what will happen if he doesn't.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 6 months ago.
He actually did do damage - in a fit of rage, he broke my son's door. The door is broken and we either have to fix it, or it will eventually come out of *my* security deposit. Does this give any more leverage?

Yes, if he did it recently you could use the intentional infliction of damage as a reason for an immediate eviction. You still want the lawyer to write the letter, perhaps even more so now. Most people who represent themselves mess up by not giving correct notices.

Customer: replied 6 months ago.
He broke the door two weeks ago. My son and I decided not push it, because we thought he will leave on Jan 1st as he promised. Would that be considered too late? Another twist on the thing is that the rental contract explicitly prohibits anyone leaving in the rental property without passing their background check. They put a notice on his door to comply with the policy or vacate the premises. That noticed expired on Dec 25th, without any effect.

No, two weeks is well within the time in which an eviction would be considered appropriate.

You may be able to use the notice that was posted but it's a little hard to do that since your son was the one who okayed it. That may mean he is "estopped" from claiming that as a reason for eviction but if the renter doesn't get any legal advice he won't know to claim that.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 6 months ago.
Thank you very much Dwayne. I'll be looking into hiring a lawyer to handle the eviction (need to talk to the leasing manager and see whether they would offer me help from their end). I will be sure to leave a positive feedback.

Thanks very much and I do wish you the best!

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